SCHEDULES

Valid from 30/06/2006

[F1SCHEDULE 4CE+W+SMODIFICATIONS OF CHAPTER 2 OF PART 4

Part 2 E+W+SModifications for Scotland – Further Education]

13The following is substituted for section 28R—

“28RFurther education etc provided by education authorities in Scotland

(1)Subsections (2) and (3) apply to any course of further education secured by an education authority.

(2)It is unlawful for the education authority to discriminate against a disabled person—

(a)in the arrangements they make for determining who should be enrolled on the course;

(b)in the terms on which they offer to enrol him on the course; or

(c)by refusing or deliberately omitting to accept an application for his enrolment on the course.

(3)It is unlawful for the education authority to discriminate against a disabled person who has enrolled on the course in the services which they provide or offer to provide.

(4)It is unlawful for the education authority to subject to harassment a disabled person who—

(a)seeks enrolment on a course offered by that authority,

(b)is enrolled on a course offered by that authority, or

(c)is a user of services provided by that authority.

(5)“Services“, in relation to a course, means services of any description which are provided wholly or mainly for persons enrolled on the course.

(6)In this Chapter —

• “Responsible body” means an education authority;

• “Further education” has the meaning given in section 1(5) of the Education (Scotland) Act 1980;

• “Education authority” has the meaning given in section 135(1) of that Act.”.